DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2, line 1 recites the limitation “the number” which should be changed to “a number”.
Claim 2, line 3 recites the limitation “and two connecting plates” should be changed to “and the two connecting plates”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, and 4 – 6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 205769858 U) in view of Sauve (US 6,851,498 B1).
For claim 1, Chen et al. discloses [a folding scooter] (page 20, paragraph [0048]), comprising:
a handle assembly 1, 7, 11, 21, 70;
a support plate assembly (top platform of frame 2); and
a connecting assembly (side frames of frame 2, front deformable link 3, locking link 6, locking screw);
[the connecting assembly is configured to achieve rotational connection between the handle assembly and the support plate assembly] (figs. 1 and 2, page 22, paragraph [0050]); the connecting assembly comprises a connecting plate 6, a hinge shaft (3, locking screw) and a fixing plate (side frames of frame 2); [the hinge shaft is located below the support plate assembly] (fig. 2); [the fixing plate is fixedly arranged relative to the support plate assembly, and is connected to the hinge shaft] (fig. 2); and [a first end of the connecting plate is connected to the handle assembly] (page 22, paragraph [0049]), and [a second end of the connecting plate is articulatedly connected to the hinge shaft] (page 22, paragraph [0049]); and
[the handle assembly is configured to rotate around the hinge shaft with the connecting plate in a direction close to or away from the seat to allow folding or unfolding of the handle assembly relative to the support plate assembly] (figs. 1 and 2, page 22, paragraph [0049]); but does not explicitly disclose a seat, wherein the seat is detachably provided on the support plate assembly.
Sauve discloses a four-wheel scooter 10 comprising a seat 22; a first front wheel 28 and a second front wheel 30; a steering column 16; a steering handle 18; [steering column can be rotated on shaft hinge 32 completely around steering shaft arc 80] (fig. 2 and 4, page 3, lines 20 – 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the four-wheel configuration and seat of Sauve with the connecting assembly and handle assembly of Chen et al. with a reasonable expectation of success because it would allow for reducing unwanted tipping of the vehicle, thus improving overall stability of the operator and vehicle.
For claim 2, Chen et al. modified as above does not explicitly disclose the folding scooter wherein the number of the connecting plate is two, and two connecting plates are arranged spaced apart. However, through mere duplication of parts, 124 USPQ 378, the folding scooter would be provided with two connecting plates and respective connecting assembly components to provide for an improved locking connection, thus reducing overall unwanted detachment.
For claim 4, Chen et al. modified as above discloses the folding scooter further comprising:
a locking member 61; [wherein the locking member is configured to lock or unlock the connecting plate relative to the fixing plate] (page 22, paragraph [0049]).
For claim 5, Chen et al. modified as above discloses the folding scooter wherein [the handle assembly comprises an upright column 16, a handle 18 [provided on the upright column] (fig. 1), a first front wheel 28 and a second front wheel 30; [the first front wheel and the second front wheel are both rotationally provided at a bottom of the upright column] (fig. 2, via front wheel shaft 38)] (of Sauve); and [an end of the connecting plate away from the hinge shaft is connected to the upright column] (in view of the modification above).
For claim 6, Chen et al. modified as above discloses the folding scooter wherein the handle assembly further comprises a first connecting member (right portion of 38) and a second connecting member (left portion of 38); [the first connecting member and the second connecting member are articulatedly connected to the bottom of the upright column] (via steering shaft hinge 32), respectively; [an axis of the first connecting member and an axis of the second connecting member are respectively at an angle to an axis of the upright column] (fig. 2, page 3, lines 20 – 22); and [the first front wheel is rotationally arranged at the first connecting member, and the second front wheel is rotationally arranged at the second connecting member] (fig. 2).
Allowable Subject Matter
Claim 3 and 7 – 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose:
For claim 3: the connecting plate passes through the opening to be articulatedly connected with the hinge shaft;
For claim 7: a spring damping plate; a second end of the spring damping plate is connected to the second connecting member; and
For claim 8: the upright column comprises a fastening member; an upper column portion and a lower column portion, the upper column portion is articulatedly connected with the lower column portion; the fastening member is configured to achieve locking or unlocking of the upper column portion relative to the lower column portion.
Conclusion
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/JACOB D KNUTSON/Primary Examiner, Art Unit 3611